Inquests Archives - The QMLR Archive

Fresh Inquests

Mays v HM Senior Coroner for Kingston Upon Hull & East Riding of Yorkshire [2021] EWHC 3604 (Admin) Earl v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) R (on the application of Ginn) v HM Senior Coroner for Inner London [2022] EWHC 28 (Admin) Three recent applications…

By Gideon Barth May 24, 2022Inquests, Issue 11Article 2, Article 2 inquest

Inquests Issue 10

Withdrawal of Benefits, Article 2 and Inquests

Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin) Facts Ms Whiting had spinal conditions since her early twenties, which gave her back pain, required surgery, and regular painkillers. She also had a history of mental health problems (depression, drug dependence, and emotionally unstable personality disorder)…

By Alice Kuzmenko January 24, 2022Inquests, Issue 10Article 2

Inquests Issue 10

Application for Fresh Inquest Refused

Farrell v HMC for North East Hampshire [2021] EWHC 778 (Admin) Applying for a fresh inquest is not straightforward. First, the bereaved have to get permission from the Attorney General. Only once that authority has been granted will they be allowed to apply to the High Court to reopen the…

By Caroline Cross January 24, 2022Inquests, Issue 10Scope of duty

Inquests Issue 10

Is an Expert Report Prepared for the Purposes of an Inquest covered by Litigation Privilege?

In the matter of an application for Judicial Review by Linda Kercher and Carol Mitchell [2020] NICA 31; [2020] Inquest L.R. 76 NB The judgment was handed down in June 2020, but has only recently been made available online. A niche question, but an important one for those in the…

By Matthew Hill January 24, 2022Inquests, Issue 10Experts

Inquests Issue 10

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…

By Rajkiran Barhey January 24, 2022Inquests, Issue 10Article 2

Inquests Issue 9

A Fresh Inquest – Necessary or Desirable?

HM Senior Coroner for Gwent, Re Inquest into the Death of Vaughn, Re [2020] EWHC 3670 (Admin) A fresh inquest was ordered by the High Court in circumstances where the Deputy Coroner had been unaware of the presence of a suicide note which later came to light. Facts In April…

By Charlotte Gilmartin July 5, 2021Inquests, Issue 9

Inquests Inquiries Issue 9

The Justice Committee Report into the Coroners Service – is a long overdue overhaul in the offing?

The House of Commons Justice Committee – The Coroner Service – First Report of Session 2021-2022 On 27 May 2021, following an inquiry into the effectiveness and capacity of the Coroner Service in England and Wales, the House of Commons Justice Committee published a report calling for a number of…

By Rory Badenoch July 5, 2021Inquests, Inquiries, Issue 9

Inquests Issue 9

Testing the Boundaries of Causation in Mesothelioma Deaths

Wandsworth BC v HMC for Inner West London [2021] EWHC 801 (Admin) Mesothelioma deaths arising from asbestos regularly come before coroners. This case, though, is of particular interest because it tests the boundaries of causation in relation to mesothelioma deaths – what evidence is needed to show that asbestos exposure led…

By Caroline Cross July 5, 2021Inquests, Issue 9Causation

Inquests Issue 8

Article 2 Inquests and Previous Criminal Proceedings

R (on the application of Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581 (Admin) The Facts Garnham J considered a judicial review of a refusal to resume an inquest into the death of Shana Grice, who had been murdered by her former boyfriend at her home…

By Dominic Ruck Keene April 15, 2021Inquests, Issue 8Article 2

Inquests Issue 8

Maughan: Suicide and Unlawful Killing Conclusions in Inquests

R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of proof to be applied where the death might have been caused by suicide or unlawful killing. Everyone who…

By Owain Thomas KC April 15, 2021Inquests, Issue 8standard of proof, suicide